ESI discovery disputes have become protracted for one common reason: The parties do not sufficiently prepare for ESI discovery. Corporations have had to become more strategic about how they handle litigation, especially during the discovery phase, in order to manage this increasing expense. Properly employing the Seventh Circuit Electronic Discovery Principles, even if you're not in that jurisdiction, is one strategy that will help contain litigation costs.
TJ ThurstonScott DevensThe costs associated with discovery in litigation have skyrocketed in the past decade, fueled in large part by the discovery of electronically stored information (ESI) or e-discovery.
Confusion over the technologies associated with e-discovery and inadequate assessments of a corporate litigant's relevant ESI have resulted in legal counsel's inability to resolve discovery disputes, accounting for a large portion of the increased costs.
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An annual tradition continues as we present the responses to our Legalweek question. For 2026, it was "where are we with prompting"?
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The annals of copyright decisions could provide a reasonably representative catalog of what our culture has been up to over the past 200 years. A Feb. 3 decision from the Southern District of New York is a case in point. It involves a sex-trafficking conspiracy, Tweets attacking a troubled crypto firm, and a claimed transfer of copyright ownership through a restitution order in a criminal case, all over an undercurrent of competing First Amendment and victim-privacy concerns.
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